Legal Question in Wills and Trusts in Illinois
Who keeps items from funeral
No will only heirs are minors. My ex-in-laws refuse to turn over personal property including items from the funeral. They claim all his personal property was given to charity. Who is entitle to receive the items from the funeral like the cross and sign up book. What rights do I have regarding the personal property given away. They claim it was given away before probate was opened.
2 Answers from Attorneys
Re: Who keeps items from funeral
I'm not clear if you're talking of items he owned or items that came into involvement at the funeral, furnished by the funeral home. If the latter, it would probably belong to whoever paid for the funeral. If the former it belonged to the estate even before a representative is appointed to administer the estate.
The problem is the cost of retrieving.
Re: Who keeps items from funeral
the real question to answer is did these individuals have the right to give away personal property of the deceased. Did the deceased maka any statements prior to his death giving possession of his personal property to someone else? If the answer is no, then those individuals appear to have wrongfully taken possession of the property.
If you would like to discuss this further please call me at (847) 223-4410.
Very truly yours,
Thaddeus J. Hunt, Esq.
Disclosure: The information provided herein is for informational purposes only. Nothing herein shall be construed as creating an attorney-client relationship.
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